Ex parte MELCHER - Page 15




          Appeal No. 97-0695                                                          
          Application No. 08/273,466                                                  


               In view of the above, it is our determination that all                 
          the limitations of claim 3 are met by the combined teachings                
          of Janssen and Ager.                                                        


               Dependent claim 4 adds to claim 3 the limitation that                  
                    the step of forming barbs includes a step of making               
                    a plurality of cuts in at least one row, each cut                 
                    being formed as herringbone, pointing backwardly                  
                    away from said handle end that is adapted to be                   
                    inserted in an opening in said pad.                               



               The appellants argue (brief, pp. 19-20) that "[n]either                
          reference has such a herringbone design whereas the applicants              
          device does meet the definition of a herringbone."  We do not               
          agree.  As pointed out by the examiner (answer, p. 7), the row              
          of barbs shown in the appellants' drawings do not display a                 
          true herringbone configuration since the direction of the                   
          slant does not alternate row by row.  This is due to the fact               
          that the appellants' barbs are chevron-shaped cuts                          
          (specification, p. 7).  Since the barbs 17 as shown in Figure               
          4 of Ager are also formed by chevron-shaped cuts, it is our                 
          determination that it would have been obvious to one of                     

                                          15                                          





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007